SHIPP v. EKLECCO L.L.C.


10 A.D.3d 515 (2004)

781 N.Y.S.2d 524

DWAYNE SHIPP, an Infant, by His Uncle and Guardian ad Litem, TERRANCE SHIPP, Respondent, v. EKLECCO L.L.C., et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

September 9, 2004.


Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered January 9, 2004, which denied defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

Plaintiff, while sitting on the moving handrail of an escalator at defendants' shopping mall, fell backwards and dropped to the floor three stories below...

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